Sunday, March 21, 2010

The Court Case Thus Far


Sitting in the court room listing to the testimony of the plaintiff and his witnesses was rather like going through the looking glass with Alice. The world as I know it seemed to be turned upside down. The contractor's version of things was so far from my own as to be almost laughable if it was not what I was going to be judged against.

So much of this case is he said/she said. But he did make a couple blatantly erroneous claims that we can prove wrong - one with the drawings themselves and the engineer's testimony and the other with a photograph. He did amend his lien downwards from 21,600 to 14,300 based on the fact he did not give me credit for a couple payments. And that makes the lien on its face in error and may mean it gets dropped on a legal issue. But he got one of his carpenters to lie for him. My team was able to trip him up on cross. Lies, especially reluctant ones, are difficult to maintain.

The contractor claims he had a written contract with me and that I stole his copy. I am not exactly sure how that could happen. He said he left both of his copies of a three part form in the "permit box" on site. This is certainly not reasonable and customary. And I know for a fact he never gave me a copy.

Still it was a very disheartening day and did not move with the pacing of a Perry Mason episode. We just got into the first 10 minutes of the defense case when we recessed for the day. Supposedly it will be continued on Thursday but we have one witness that may not be able to make that day. Next available court date would not be for two more months. We are now into two full years since they filed the lawsuit. Not exactly speedy justice. And I am yet to be convinced it is justice in any form.

1 comment:

  1. I can not believe I have just now found the details of court day number one. Since today is Thursday, I hope your witness was able to make this appearance so the trial may proceed. But as you've said, what's another two months in something that
    has already dragged on for two years. You will be victorious eventually!

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